Her attorney Cheney Mason had argued that prosecutors failed to present evidence that a murder had even occurred, premeditated or otherwise.

"There has been no evidence of premeditation," Cheney told the judge. "There has been a stacking of inferences. A stacking of speculation. No evidence."

The state, he added, established only that "the child is dead" – her remains were found in 2008.

"There is no evidence to suggest when she died, where she died, how she died, who if anyone was in attendance with her when she died."

Assistant State Attorney Linda Drane Burdick countered, "It is our position that a reasonable jury can conclude that Caylee Marie Anthony died as a result of three pieces of duct tape applied to her nose and mouth, as a result of poisoning by chloroform [and] as a result of a combination of the two."